HomeMy WebLinkAboutContracts & Agreements_190-2013_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of youth tumbling and gymnastics program("Agreement")
is made and entered into this 17th day of September, 2013 ("Effective Date")by and between the
City of Redlands,a municipal corporation (hereinafter "City") and Jamila Coulson, an individual
(hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a
"Party" and, together, as the"Parties."
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a tumbling
and gymnastics program for City's Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and professional expertise similar to others in the recreation industry who provide
gymnastics programs;
NOW,THEREFORE, in consideration of the mutual promises contained herein, the City
and Contractor agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct a tumbling and gymnastics
program for City's Recreation Division (the "Services"). The Services shall be conducted at the
Redlands Community Center. Contractor shall determine the method,details and means of
performing the Services and shall advise City of the same prior to the provision of any Services
under this Agreement. Contractor further agrees to perform the Services to the best of its ability
and in an efficient, safe and competent manner.
B. The Services may be scheduled by Contractor for any times, during business hours,
depending upon the availability of the Redlands Community Center facility.
C. As compensation for providing the Services, City shall register participants and
collect registration fees for participants in Contractor's program. City shall pay Contractor seventy
percent (70%)of the fees collected no later than twenty-one days after the registration period ends.
Contractor shall be responsible for payment of 10010 of the fees paid by a participant in connection
with any refund to the participant. City shall have no obligation for refunds.
Section 2. Independent Contractor. It is the expressed intention of the Parties that
Contractor is and shall remain during the term of this Agreement, an independent contractor and
not be an employee or agent of City, Nothing in this Agreement shall be interpreted or construed
as creating or establishing the relationship of employer and employee between Contractor and City,
The Parties acknowledge that Contractor is not a City employee for State tax, Federal tax or any
other purpose.
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Section 3. Contractor's Employees. No other employees or agents of Contractor shall
participate in the performance of the Services without the prior written consent of City.
Section 4. Business License. Contractor shall obtain a City of Redlands business license as
a pre-condition of performing the Services.
Section 5. Termination. City shall have the right to terminate this Agreement, with or
without cause, upon five (5) days prior written notice to Contractor. City shall have no liability for
any claims or damages resulting to Contractor as a result of any exercise by City of its right to
terminate this Agreement.
Section 6. Notices. All notices shall be given in writing by personal delivery or by mail.
Notices, sent by mail should be addressed as follows:
City: Fred Cardenas, Director
Quality of Life Department
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor: Jamila Coulson
1255 East Citrus Ave#87
Redlands, Ca 92374
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments are
to be giving given by notice pursuant to this section.
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Section 6. Indemnity. Contractor shall defend, indemnify and hold City, and its elected
officials,officers, employees and agents, harmless from and against any and all actions, damages,
losses, causes of action and liability imposed or claimed relating, to the injury or death of any
person or damage to any property, including attorneys' fees and other legal expenses, arising
directly or indirectly from any negligent act or omission, or willful misconduct of Contractor in
performing the Services.
Section 7. Entire Agreement/Amendment. This Agreement represents the entire
Agreement of the Parties as to the matters contained herein. Any amendment of this Agreement
shall be effective only if it is in writing and signed by the Parties.
Section 8. Assignment, This Agreement shall not be assigned without the prior written
consent of City. Any assignment, or attempted assignment, without such prior consent, shall be
null and void and, at the option of City, result in the immediate termination of this Agreement.
Section 9. Insurance. Contractor shall provide insurance coverage for program participants
as specified in the City's contract with Southern California Municipal Athletic Federation for
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recreation programs. Contractor shall be responsible for paying all costs associated with insurance
coverage. Contractor shall obtain and maintain during the term of this Agreement all insurance
required by this Section and shall submit to City certificates of insurance and appropriate
endorsements evidencing that the insurance is in force and effect. Evidence of such insurance shall
be provided to City concurrent with Consultant's execution of this Agreement. Acceptance of the
certificates by City shall not relieve Contractor of any of the insurance requirements contained
herein, nor decrease the liability of Contractor. If applicable, contractor shall also secure and
maintain workers' compensation and employer's liability insurance for its employees throughout
the terms of this Agreement pursuant to Labor Code Sections 1860 and 3700, and in amounts
which satisfy statutory requirements.
Section 10. Attomeys'Fees. In the event any action is commenced to enforce or interpret
the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs or
other relief,be entitled to recover its reasonable attorneys'fees, including fees for use of in-house
counsel by a Party.
CITY OF REDLANDS CONTRACTOR
Pete Aguilar,Mayor J miaCo
ATTEST:
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